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What is Considered Boating Under the Influence in Florida?
Florida has lakes, rivers, and water bodies that make it an attractive boating destination. Your idea of having fun while boating may include indulging in alcohol, but doing so could land you in serious problems with the law. The law under Florida Statute 327.35 makes it illegal to operate a boat or water vessel with a blood alcohol content of 0.08% or higher.
Florida lawyers say that a BAC of 0.08% or higher can impair your normal faculties of seeing, hearing, talking, hearing, and judging distances. Taking the appropriate action in an emergency can become difficult, leading to an accident. Boating under the influence can lead to BUI charges if you’re caught, even if your BAC is below the legal limit.
It is vital to note that you can still be arrested for a BUI even if your boat is docked or anchored. The principle of being in “actual physical control” applies, just like in drunk driving cases. If an officer arrests you for boating under the influence in Florida, you risk some strict consequences. Consult skilled drunk driving attorneys in Polk County to explore your options.
What Are BUI Penalties in Florida?
Florida imposes strict penalties for BUI offenders, whether it is the first or a repeat offense. The aim is to deter impaired boating. The consequences for a first-time DUI offense are:
- Fines ranging from $500 to $1,000
- Incarceration for up to six months
- Mandatory community service
- One year probation, which includes attending alcohol education programs
Polk County drunk driving lawyers add that you also risk a criminal record, which could impact your life in the future by limiting employment, housing, and education opportunities. Given these severe consequences, working closely with skilled defense attorneys would be in your best interests to help you beat the charges.
Enhanced BUI Penalties
The penalties could be significantly more severe if you are charged with a second or subsequent BUI offense. You risk longer jail sentences and escalated fines, which reflects the increased risk that repeat offenders often face. A second-time BUI offense can attract a fine of between $1,000 and $2,000. Your vessel could also be impounded for 30 days.
A third BUI offense within 10 years can lead to a third-degree felony charge with fines of between $2,000 and $5,000 and an extended jail time. Subsequent BUIs are considered felonies regardless of when they happen, and the penalties are even harsher. You could get more extended probation periods and increased license suspensions.
Aggravated BUI Penalties
Some case specifics can lead to aggravated BUI charges. Some examples are:
- Having minors on the boat
- Having a high blood alcohol concentration
- Bodily harm caused during the accident. The charge is a third-degree felony that could attract up to five years in jail and a fine of up to $5,000.
If the BUI caused the death of another person, the charge can become a second-degree felony. Drunk driving lawyers in Polk County say the offense has a penalty of up to $10,000 and a jail term of up to 15 years. Given the high stakes, get the legal representation of aggressive legal experts to help you beat the charges.
What Does the Law Say About BUI Under 21 Years?
Florida’s BUI laws also apply to boaters under 21 years, but the penalties are stiffer to prevent boating under the influence among youngsters. It is illegal for anyone under the age of 21 to operate a vessel with a BAC of 0.02 or more. The limit is significantly lower than that for adults because Florida has a zero-tolerance policy for underage drinking and boating.
Even if a boater is not impaired, they can still face charges if their alcohol level is above this limit. The statute for BUI under 21, Section 327.355(4), is unique because it classifies the violation as a non-criminal infraction. While it is not a criminal offense, the consequences can be severe.
The law presumes that anyone under the age of 21 operating a vessel has given implied consent to testing for alcohol. It’s imperative to understand the legal landscape to avoid the repercussions. Skilled drunk driving attorneys in Polk County can provide more insights.
Penalties for Under-21 BUI
The penalties for under-21 BUI charges promote safety on the waterways by deterring irresponsible drinking. They can be severe and include:
- Mandatory enrollment in a boating safety course that adheres to the minimum standards established by the commission rule
- Engagement in public service or community work for at least 50 hours
- Suspension of boating privileges.
Violation of these orders can result in further legal action, including a misdemeanor charge. If you operate a vessel while your privileges are suspended, you risk a first-degree misdemeanor charge.
Under-21 BUI charges can have additional implications that could affect your legal status and future opportunities:
- Criminal record
- Higher insurance rates
- Fewer employment opportunities
By understanding these potential consequences, you will be better able to adhere to Florida’s boating laws. Talk to experienced Florida attorneys for more legal insights to protect your rights if charged with a BUI.
A Skilled Drunk Driving Attorney Providing Legal Insights on Boating Laws
Florida has strict laws against driving and boating under the influence. Understanding the legal landscape is crucial to enable you to stay safe and enjoy your experience without getting on the wrong side of the law. Additionally, you will know how to navigate the legal landscape if you face DUI or BUI charges.
Skilled Polk County drunk driving lawyers at The Law Firm of Gil Colón, Jr. have many years of experience helping clients navigate drunk driving cases. If you’re facing charges for boating under the influence, we can help you defend your rights to avoid the stiff penalties. Call us at 863-622-9602 for a FREE consultation.
